Detailed Answer
Under Connecticut law, you may face incomplete recovery when multiple at-fault parties share a single liability policy limit. To pursue unpaid expenses, follow these steps:
Step 1: Identify Each At-Fault Party and Allocate Fault
Connecticut applies comparative negligence and apportionment. Determine each party’s percentage of fault by gathering police reports, witness statements and expert opinions. Courts use Conn. Gen. Stat. § 52-572h (apportionment of liability) to allocate fault among defendants.
Step 2: Review Insurance Policy Limits
Liability policies often specify a per-person and per-accident limit. When multiple insureds are involved, the policy may cap total payout. If the combined payouts exhaust the shared limit, you must pursue other sources.
Step 3: Invoke Underinsured Motorist (UIM) Coverage
Your own automobile insurer must offer UIM coverage under Conn. Gen. Stat. § 38a-336 (required UIM coverage). If at-fault parties’ insurance is inadequate, file a UIM claim to bridge the gap between the liability limit and your total damages.
Step 4: File Lawsuits and Leverage Apportionment Rules
When you sue each at-fault defendant, economic damages (medical bills, lost wages) remain jointly and severally recoverable. Under Conn. Gen. Stat. § 52-572m (economic vs. non-economic damages), any one defendant can be held responsible for the full economic award, regardless of their share of fault.
Step 5: Seek Contribution Among Tortfeasors
A defendant who pays more than their share of fault may seek contribution from co-defendants under Conn. Gen. Stat. § 52-572k (right of contribution). While contribution actions occur post-verdict, knowledge of this mechanism may influence settlement negotiations.
Step 6: Explore Collection Remedies
If defendants are judgment-proof or policies remain insufficient, consider post-judgment steps: wage garnishment, liens on real estate or bank account levies. Consult CT’s judgment enforcement rules and Conn. Gen. Stat. § 52-584 (statute of limitations).
Helpful Hints
- Document all medical costs, lost income and property damage precisely.
- Obtain clear fault percentages from experts to strengthen apportionment claims.
- Compare UIM limits on your policy before settling with insurers.
- Track Connecticut’s two-year negligence statute of limitations under Conn. Gen. Stat. § 52-584.
- Ask insurers about umbrella or excess coverage options.
- Keep detailed records of correspondence with insurers and opposing parties.
Disclaimer: This article provides general information under Connecticut law. It does not constitute legal advice. Consult a licensed attorney to address your unique circumstances.